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NATIONAL UNIVERSITY
JUNIOR PHILIPPINE INSTITUTE OF
ACCOUNTANTS

KINDS OF OBLIGATIONS
Law on Obligations and Contracts
PREPARED BY: Cuaresma, Claire

DISCLAIMER: This paper is prepared by bonafide NUJPIANS for A.Y. 2022-2023.

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EXCLUSIVE FOR ACCOUNTANCY STUDENTS OF NATIONAL UNIVERSITY ONLY

DIVISIBLE AND INDIVISIBLE OBLIGATIONS

(A) Divisible Obligation

● An obligation is deemed to be divisible when its fulfilment can be made partially.
○ Mark agreed to deliver 10 kilos of rice to Claire in two equal kilos, every 15th
and 30th. This is an example of divisible obligation because the obligation is
capable of partial performance.

Kinds of Division
1) Qualitative Division
● One that is based on quality
○ Mark and Claire agreed to divide their inheritance where Mark gets the
house and lot and Claire gets the rice field.
2) Quantitative Division
● One that is based on quantity
○ Mark and Claire decided to divide their inherited rice field into two equal
partitions.
3) Ideal or Intellectual Division
● One that exists only in the mind of the parties.
○ Mark and Claire co-owns the car they inherited. In this example, a car
cannot be separated in a material manner but can do so mentally.

Obligations deemed divisible

(1) Obligations which have for their object the execution of a certain number of days of work
(par. 2, Art. 1225.)
Ex. The obligation of Mark to paint the commissioned piece of Claire for 20 days.

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 NATIONAL UNIVERSITY
JUNIOR PHILIPPINE INSTITUTE OF
ACCOUNTANTS

(2) Obligations which have for their object the accomplishment of work by metrical units
(Ibid.)
Ex. The obligation of Mark to deliver three gallons of water to Claire.

(3) Obligations which by their nature are susceptible of partial performance. (Ibid.)
Ex. The obligation of Mark to perform five songs in a program.

(B) Indivisible Obligation

● An obligation is deemed to be indivisible when its fulfilment cannot be made partially.
○ Mark obliged himself to deliver to Claire a certain unit of laptop. This is an
example of an indivisible obligation because a laptop must be delivered as
a whole unit and not by parts.
○ Mark agreed to deliver 10 kilos of rice to Claire on the 30th. This is still an
example of indivisible obligation because although rice is physically
divisible, the intention of the parties is that the obligation be fulfilled at one
time and as a whole.

Kinds of Indivisibility
1) Legal Indivisibility
● Where, by nature a divisible obligation, is declared indivisible due to a specific
provision of law. (par. 3, Art. 1225.)
2) Conventional Indivisibility
● Where, by nature a divisible obligation, is declared indivisible due to the will of the
parties.
3) Natural Indivisibility
● Where the nature of the object or prestation does not admit of division. (Ibid.)

Obligations deemed indivisible

(1) Obligations to give definite things. (par. 1, Art. 1225.)

Ex. To deliver a specific car.

(2) Obligations which are not susceptible of partial performance (Ibid.)

Ex. To deliver a certain unit of laptop.

(3) Obligations provided by law to be indivisible even if a thing or service is physically

divisible. (par. 3.)
Ex. Payment of taxes is levied to be paid in a certain time within a definite period. Although
money is divisible, tax due is to be paid in toto.

(4) Obligations intended by the parties to be indivisible even if a thing or service is physically
divisible. (par. 3.)
Ex. Mark agreed to deliver 10 kilos of rice to Claire on the 30th. This is still an example of
indivisible obligation because although rice is physically divisible, the intention of the
parties is that the obligation be fulfilled at one time and as a whole.

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